STATE OF PUNJAB versus SAWARAN SINGH

STATE OF PUNJAB versus SAWARAN SINGH

Omission to put specific evidence to the accused under Section 313 CrPC is not fatal where the accused was present during prosecution evidence, had full opportunity to cross-examine, and did not challenge material testimony; prejudice must be shown, and in this case, there was none.

Source-derived case information.

Parties
Appellant: State of Punjab; Respondent: Swaran Singh
Jurisdiction
India
Judgment Date
25 July 2005
Procedural Posture
Criminal Appeal / Supreme Court Appeal From Acquittal in Punjab and Haryana High Court
Outcome
Appeal allowed; acquittal set aside; conviction restored
Legal Topics
Section 313 Cr PC Examination, NDPS Act Section 18, Procedure for Putting Evidence to Accused, Fair Trial Principles
Criminal Law Narcotics Law Section 313 Cr PC Examination NDPS Act Section 18 Procedure for Putting Evidence to Accused Fair Trial Principles

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Parties

State of Punjab

Appellant

Swaran Singh

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From Acquittal in Punjab and Haryana High Court

Legal Issues

  1. 1 Whether omission to put specific evidence of PW-1 and PW-4 to accused under Section 313 CrPC is fatal to prosecution
  2. 2 Whether acquittal based on non-questioning under Section 313 CrPC was correct

Ratio Decidendi

Omission to put specific evidence to the accused under Section 313 CrPC is not fatal where the accused was present during prosecution evidence, had full opportunity to cross-examine, and did not challenge material testimony; prejudice must be shown, and in this case, there was none.

Court Disposition

Appeal allowed; acquittal set aside; conviction restored

Orders

  • Judgment of Single Judge of Punjab & Haryana High Court is set aside
  • Judgment of Additional Sessions Judge, Amritsar in Sessions Case No. 28 of 1993 restored